The civil law in Michigan recognizes two civil actions that may serve as the basis of a civil lawsuit for emotional abuse. One is negligent infliction of emotional distress, and the other is intentional infliction of emotional distress. Success with either claim requires the victim to prove that they suffered emotional injury or psychological damage, either because of the intentional conduct of another person or another person’s negligence.
In Michigan, victims of domestic violence are protected by other civil emotional abuse laws and criminal laws as well. Domestic violence may be physical or sexual, but it can also be emotional or even financial. Certain types of emotional abuse are often verbal, and they can be perpetrated through all methods of communication, including written notes and letters, telephone calls, faxes, email, or voicemail.
In Michigan, emotional abuse may amount to criminal domestic violence.
A local attorney in Michigan would be able to provide more information about criminal domestic violence law and criminal charges for mental abuse.
Does Emotional Abuse Need to Be Reported?
Michigan law identifies people in a variety of roles who are required to report suspected abuse of children and adults who are the victims of abuse, including emotional abuse. Teachers, school counselors, and school administrators are mandated to report suspected abuse and/or neglect of children in their schools.
A mandated reporter may have reasonable cause to suspect child abuse or neglect. In this case, they should make an oral report immediately to the Michigan Department of Health and Human Services (DHHS) and then a written report within 72 hours.
Any person employed by an agency licensed to provide health care and other services to adults who suspect that an adult patron has been abused, neglected, exploited, or maltreated must report this to the Michigan DHHS Office of Adult Protective Services (APS).
In addition, every person who is licensed, registered, or certified to provide health care, education, social, or other human services is a mandated reporter of adult abuse. In addition, law enforcement officers and childcare providers are mandated reporters of adult abuse. They should also report suspected neglect, exploitation, or mistreatment.
How Do I Prove Emotional Abuse in Court?
A victim should keep a journal of each incident of emotional abuse, if they can. They would also want to hold onto any evidence that shows the abuse, such as text messages, emails, smartphone recordings, the testimony of witnesses, and medical records of treatment for the abuse. A person should seek an evaluation by a licensed psychologist who may be able to document the symptoms of emotional abuse.
Emotional abuse is nonphysical, but it may be inflicted along with conduct that constitutes physical or sexual abuse. A victim would want to prove that such conduct as the following took place:
- The use of offensive language and yelling
- Name-calling, mocking, and insults
- Verbal or physical threats or intimidation
- Isolation or exclusion of the victim from groups.
If a person is able to keep a journal, they would want to record the date of each episode with details of the abuser’s conduct, how it made the victim feel, and whether there were witnesses.
If a person does not experience the abuse firsthand, they want to talk to the abuse victim and try to document what happens as well as they can. An attorney consultation might help a person gather evidence to prove emotional abuse in court.
Can Someone Go to Jail for Emotional Abuse?
If emotional abuse meets the definition of domestic violence in Michigan criminal law, then a person who commits emotional abuse may be charged with the crime of domestic violence.
Depending on the exact circumstances of a particular offense, the crime may be charged as a felony or misdemeanor. If a person is found guilty, then they may be sentenced to time in jail or probation, anger management classes, community service, the payment of a fine, and/or the payment of restitution to the victim. Sentences may also include a restraining or protective order.
Domestic violence is a pattern of threatening or violent behaviors combined with other kinds of abuse. This pattern of behavior is used to control another person. The abuser might be married to the person they are abusing or might live with or be dating the person they are abusing. The abuser might be abusing their ex-spouse or someone they used to live with or date.
Domestic violence includes conduct such as physical assaults, threats, stalking, and sexual abuse. It can also involve abuse that is verbal, emotional, or even financial. A person does not have to be physically injured to be harmed by domestic violence.
What Are Some Legal Remedies for Emotional Abuse?
If a person is a victim of a domestic violence crime in Michigan, a court may issue a domestic violence personal protective order (PPO). This order prohibits the perpetrator of the crime from having contact with the victim for a specified period of time.
If a person who has been ordered to stay away from their victim violates a PPO, they may be jailed and charged with a separate crime, including aggravated stalking.
A personal protective order may do the following:
- Order a perpetrator to stay away from their victim.
- Force the perpetrator to leave the victim’s residence.
- Direct the local sheriff to forcibly eject the perpetrator from the victim’s residence.
- Order assistance to help a victim get their personal property away from a perpetrator.
- Make the abuser provide alternate housing for a spouse, former spouse, parent, or child.
- Give the victim temporary custody of shared children.
- Award temporary child support and/or spousal support to the victim to be paid by the perpetrator.
- Order the perpetrator to get counseling.
A perpetrator might be arrested if they violate the order.
A person might sue for compensatory damages from a person who negligently or intentionally caused them emotional distress. Compensatory damages would cover a person’s economic and non-economic losses, e.g., pain and suffering. In Michigan, a person does not have to suffer actual physical injury or even be at risk of suffering a physical injury in order to be able to claim damages for emotional distress.
The federal Violence Against Women Act (VAWA) provides funds to states to set up programs to address domestic violence. In North Carolina, the funds are used for victim services, police training, and special law enforcement domestic violence units. These programs might offer help to a person who is a victim of domestic abuse.
Should I Hire a Lawyer for Help with Emotional Abuse Claims?
If you think you are the victim of emotional abuse or know someone else who is, you want to contact a Michigan family lawyer. LegalMatch.com can connect you to a lawyer who can guide you in analyzing your situation and deciding whether a civil lawsuit is the right choice or whether other laws offer you the solutions you need.
